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Which judicial principle does this passage from the Marbury v. Madison Supreme Court ruling illustrate?

If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply.1

A. A U.S. law cannot be enforced if it conflicts with the Constitution.
B. Judicial activism is the appropriate way to interpret the Constitution.
C. Supreme Court justices must be fair and impartial in their rulings.
D. The Supreme Court has authority over all other state and federal courts.

Respuesta :

It illustrates that  A. A U.S. law cannot be enforced if it conflicts with the Constitution. All laws enacted by the Legislative branch does not have to violate the Constitution, as it is the paramount law of a nation. If it violates it, the Judicial branch has the Judicial Review power to overturn it.

This Marbury v. Madison case is best remembered for being the first case in American history where the Supreme Court overturned an act of the Congress for the sole reason of being unconstitutional.

Marbury v. Madison Supreme Court ruling illustrates that U.S. law cannot be enforced if it conflicts with the Constitution as per the Judicial principle known as Judicial Review.

Further Explanations:

The Marbury versus Madison case is being remembered for its incredible ruling in the history of the United States. The ruling overturned the act of congress for the sole reason of it being unconstitutional. The laws enacted in the legislative branch don’t violate the constitution as it is the supreme of the nation and in any case, it seems to be violating, the judicial branch has Judicial Review authority to overturn it.  

The Judicial branch is established at both state and federal level having expertise at their own level. The Federal Court exercises the authority to solve disputes amid the State or a dispute relating to national importance. The Supreme Court in America exercises the Federal Judiciary having appellate jurisdiction and original jurisdiction over all states and local courts. As we can see that in cases related to Freedom of Speech, the federal court has the supreme say to in the determination of the protection as per the First Amendment.

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Answer Details

Grade: High School

Subject: History

Chapter: Judiciary

Keywords:

Marbury , Madison, United States,Unconstitutional, legislative branch, judicial branch, Judicial Review,state , federal level, Federal Court, national importance, appellate jurisdiction , original jurisdiction

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